Ordered liberty
Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order. In "Ordered Liberty," Randy E. Barnett examines the concept of ordered liberty and its relationship to the U.S. Constitution. He argues that the Constitution was designed to protect individual liberty within a framework of ordered liberty, which balances the need for social order with the importance of individual freedom.[1]
Barnett contends that the concept of ordered liberty is reflected in the structure of the Constitution, which limits the powers of government and protects individual rights. He argues that the Bill of rights, in particular, embodies the concept of ordered liberty by establishing a framework of negative rights that protect individual freedom while, also recognizing the need for social order. Barnett also discusses how the concept of ordered liberty has evolved, particularly in response to changing social and political conditions.
He argues that the concept of ordered liberty has been central to many of the major constitutional debates in U.S. history, including debates over civil rights, economic regulation and national security. Overall, Barnett's article offers a thoughtful analysis of the concept of ordered liberty and its importance to the U.S. Constitution.
He argues that the concept of ordered liberty is essential to maintaining a free and just society and that it continues to be relevant to many of the most pressing issues facing the United States today.
Individuals have the right to act according to their own will but laws and institutions are necessary to prevent chaos and maintain societal stability. This concept of "ordered liberty" played a significant role in determining, which provisions of the Bill of Rights applied to the states through the due process clause of the Fourteenth Amendment.
The U.S. Supreme Court has recognized many fundamental freedoms as falling under the constitutional protection of "ordered liberty," including the freedom of association, marriage, family planning, child-rearing and education. However, the Court has also held that the Constitution protects ordered liberty and that laws made in good faith to protect public health and safety are constitutional.[2][3][4][5]
Considerations of positive and negative liberty[edit]
"Ordered liberty" refers to a political philosophy that balances the concepts of positive liberty and negative liberty. Negative liberty is the absence of external constraints on the individual, while positive liberty is the ability to act on one's desires and goals. Ordered liberty acknowledges the importance of negative liberty but recognizes that this liberty can only be exercised within the constraints of a well-ordered society. At the same time, it recognizes the importance of positive liberty, but places limits on it to ensure that individual actions do not harm others or the broader social order.
This concept has been discussed by many political philosophers, including Friedrich Hayek, who emphasized the importance of negative liberty in his work "The Constitution of Liberty,"[6] and Isaiah Berlin, who distinguished between positive and negative liberty in his essay "Two Concepts of Liberty."[7]
Overall, the concept of ordered liberty attempts to strike a balance between individual freedom and social order, recognizing that both are important and necessary for a healthy and just society.[8]